Views
Looking but not Seeing the Economic Unit in Cartel Damage Claims – Opinion of Advocate General in Case C-425/22, MOL Magyar Olaj- és Gázipari Nyrt. v Mercedes-Benz Group AG
By Professor András Osztovits*
I. Introduction
The heart of European economic integration is the Single Market, which can only function properly and provide economic growth and thus social welfare if effective competition rules ensure a level playing field for market players. The real breakthrough in the development of EU competition policy in this area came with Regulation 1/2003/EC, and then with Directive 2014/104/EU which complemented the public law rules with private law instruments and made the possibility to bring actions for damages for infringement of competition law easier.
„El clásico“ of Recognition and Enforcement – A Manifest Breach of Freedom of Expression as a Public Policy Violation: Thoughts on AG Szpunar 8.2.2024 – Opinion C-633/22, ECLI:EU:C:2024:127 – Real Madrid Club de Fútbol
By Madeleine Petersen Weiner, Research Fellow and Doctoral Candidate at Heidelberg University
Introduction
On 8 February 2024, Advocate General (AG) Szpunar delivered his Opinion on C-633/22 (AG Opinion), submitting that disproportionate damages for reputational harm may go against the freedom of expression as enshrined in Art. 11 Charter of Fundamental Rights of the European Union (CFR). The enforcement of these damages therefore may (and at times will) constitute a violation of public policy in the enforcing state within the meaning of Art. 34 Nr. 1 Brussels I Regulation. The AG places particular emphasis on the severe deterring effect these sums of damages may have – not only on the defendant newspaper and journalist in the case at hand but other media outlets in general (AG Opinion, paras. 161-171). The decision of the Court of Justice of the European Union (CJEU) will be of particular topical interest not least in light of the EU’s efforts to combat so-called “Strategic Lawsuits Against Public Participation” (SLAPPs) within the EU in which typically financially potent plaintiffs initiate unfounded claims for excessive sums of damages against public watchdogs (see COM(2022) 177 final).
Dubai Supreme Court Admits Reciprocity with the UK and Enforces an English Judgment
Introduction:
I have been reporting on this blog some recent cases from the Dubai Supreme Court (DSC) regarding the recognition and enforcement of foreign judgments (see here, here and here). Reading these posts may have given the legitimate impression that the enforcement of foreign judgments in the UAE, and especially in Dubai, is particularly challenging. This post aims to mitigate that perception by shedding light on a very recent case in which the Dubai courts, with the approval of the DSC, ruled in favor of the enforcement of an English judgment. As the comments below indicate, this is probably the very first case in which the DSC has positively ruled in favor of the enforcement of an English judgment by declaring that the judgment in question met all the requirements set out in UAE law, and in particular, the reciprocity requirement.
News
AMEDIP’s upcoming webinar: WIPO Expedited Arbitration on 26 June 2025 (in Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 26 June 2025 at 14:30 (Mexico City time – CST), 22:30 (CEST time). The topic of the webinar is WIPO expedited arbitration: ADR and ODR in the era of technology disputes, videogames and e-sports and will be presented by Kiyoshi Tsuru and Óscar Suárez (WIPO) (in Spanish).
Public Review: New UN Economic Committee for Europe White Paper on Digital Product Passports & Critical Raw Materials for Batteries: Legal Conflicts and Principles for Cross-Border Cooperation
Legal fragmentation slows down the scaling up of the Critical Raw Materials-battery value chains to meet the demands of the green transition. Digital Product Passports (DPPs) should serve as an effective digital traceability tool for business compliance, rather than creating a green barrier.
UNECE and UN/CEFACT are proud to release our White Paper for public review, offering a deep dive into:
Call for Applications: Junior Professorship in Private Law and Private International Law at Humboldt University of Berlin
The Faculty of Law at Humboldt University of Berlin (Germany) invites applications for a Junior Professorship (W1 Tenure Track to W2) in Private Law and Private International Law, to be filled as of 1 October 2026.
Candidates are expected to conduct research and teaching in Private Law and Private International Law broadly understood (including in particular International Family and Succession Law, International Civil Procedure, International Dispute Resolution, International Commercial Arbitration).